DRS Law Group

Terms of Use Agreement

Welcome to our Web site. By using our web site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this web site. The term "DRS Law Group," "The Law Offices of David R. Schwartz," "us," "we" or "our" refers to The Law Offices of David R. Schwartz d/b/a DRS Law Group. The term "you" refers to the user or viewer of our Web site.

Acceptance of Agreement.
You agree to the terms and conditions set forth in this Terms of Use Agreement ("Agreement") with respect to our web site (the "Site"). This Agreement constitutes the entire and only agreement between you, and us and supersedes all prior or contemporaneous agreements, representations, and warranties.  We may amend this Agreement at any time without specific notice to you. The latest version of the Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Materials on this Website; No Legal Advice or Attorney-Client Relationship.
The materials on this Site are for general information purposes only. Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance. The Site and your use thereof does not create an attorney-client relationship. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. You should not act or rely on any information on the Site, or refrain from acting upon any information on the Site, without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem. The information contained herein does not necessarily reflect the opinions of our clients.

This Site is not intended to be an offer to represent any person. Your use of the Internet e-mail facility on this Site does not give rise to a lawyer-client relationship. Please do not consider there to be any lawyer-client relationship between you and us unless or until: (i) you have sought to retain us; (ii) we have had an opportunity to check and clear any conflicts; and (iii) you have received a letter from us confirming the retention and its scope.

Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the Section below entitled “Limited License; Permitted Uses”, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties.

Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by the Section entitled “Limited License; Permitted Uses”, above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

Forms, Agreements & Documents.
We may make available through the Site sample forms, checklists, business documents and legal documents (collectively, "Documents"). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH "ALL FAULTS", AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation.

State of California Disclosure Statement In Compliance With Certain Rules Of Professional Conduct.
This Site constitutes a "communication" as defined in Rule 1-400(A) of the California Rules of Professional Conduct because it is a message made by and on behalf of attorneys at The Law Offices of David R. Schwartz who are members of the State Bar of California concerning The Law Offices of David R. Schwartz and the availability for professional employment of those members and their law firm.

Additionally, pursuant to applicable laws and rules of professional conduct in other states, this Site may constitute advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you select any lawyer, you should inquire further about the particular abilities, qualifications, and experiences of the lawyer to determine if they are appropriate for your needs.  If you wish to consider retaining The Law Offices of David R. Schwartz to be your lawyers, please ask us to send you free written information about our qualifications and experience.

Use In Other Jurisdictions.
We practice law only in jurisdictions in which we are properly authorized to do so. We do not seek to represent anyone in any jurisdiction where the Site does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. We are unwilling to assume the representation of clients from those states where the materials do not comply with State Bar requirements and where the client is generated as a result of that communication.

IRS Circular 230 Disclosure.
To ensure compliance with certain IRS requirements, we inform you that any tax advice contained on this Site is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed on this Site.

Certain Confidentiality Issues.
Choosing an attorney is a serious matter and should not be based solely on information contained on the Site or in advertisements and may not be accomplished by sending us confidential information related to you and/or your company unless we have expressly authorized the submission of such information by written authorization. 

You may send us e-mail. However, if you communicate with us in connection with a matter for which we do not already represent you, you should not send us confidential or sensitive information via e-mail because your communication will not be treated as privileged or confidential. If you communicate with us by e-mail in connection with a matter for which we already represent you, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages which are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.

 

Malicious Code.
We have procedures in place to check materials for viruses and other malicious code before they are posted to this Site.  However, we cannot guarantee that material accessible from this Site is free of viruses or other malicious code and we do not accept any responsibility for any damage or loss caused by any such code.

 

Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. The law is constantly changing and the information may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

 

Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

 

Third Party Content; Links to other Web Sites.
This Site may provide links to a variety of other Internet resources, may provide access to third-party information, and third party content may appear on the Site or may be accessible via links from the Site.  However, DRS Law Group is not responsible for any third party content, products or services that may be accessed through the Site and the availability of links on this Site to such third party content, products or services should not be construed as referrals to, or endorsements of, the linked entities or the content, products or services that they make available.  You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.  We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

DRS Law Group will remove any link from this Site upon request from the linked entity.

Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.

Indemnification.
You agree that you will not use this Site for any unlawful purpose or for any purpose prohibited by these Terms. You agree to indemnify, defend and hold us and our partners, members, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this Agreement or use of the Site.

Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or information obtained, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of an Affiliated Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SUBSECTION (B) OF THE SECTION ENTITLED “LIMITATION OF LIABILITY” IMMEDIATELY ABOVE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Privacy.
We recognize that privacy and data security are important issues, and so have taken steps to safeguard the information that you may provide to us through this Site.  We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You may review this Privacy Policy by clicking here.

Governing Law.
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles).

Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at copyright@drslawgroup.com.

Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

Severability.

If any of these Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (a) the legality, validity or enforceability in that jurisdiction of any other Term or (b) the legality, validity or enforceability in other jurisdictions of that Term or any other Term.  If any part of this Agreement is or becomes invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect.

 

Miscellaneous.

Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement.

 

The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement.

 

To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.